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Gov & Administrative Law Questions & Answers
1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Health Care Law for Arkansas on
Q: Can an inmate in a county jail be forced to release his medical records. Can they detain your release for failure to

To appear even if you have a Drs excuse stating you were under Drs care at the time of court.Can they deny you your appointment ( one previous and one after incarcerated ) for and ultrasound on your liver?

James L. Arrasmith
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answered on Jul 21, 2024

You can't be forced to release your medical records without your consent, even if you're an inmate. Medical privacy laws, such as HIPAA, protect your right to confidentiality regarding your health information. However, there might be exceptions if your medical condition directly impacts... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Gov & Administrative Law for California on
Q: I'm currently 'Blacklisted, by Federal Economic sanctions by an Executive from the Administration years 2000-present.

My Civil Rights infringed daily IN PUBLIC. I'm not working and am homeless getting discriminated from businesses of all types. I receive social Security monthly, on, or before the 3rd of every month. I've had Domestic Surveillance interfering with most of my calls from the payphone. I... View More

James L. Arrasmith
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answered on Jul 20, 2024

I'm sorry to hear about the challenges you're facing. It sounds like you're dealing with a complex situation involving multiple areas of law, including civil rights, constitutional law, and discrimination.

Given the seriousness of your claims, it's essential to get...
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1 Answer | Asked in Gov & Administrative Law and Public Benefits for California on
Q: I received a letter from my disability claim stating they are closing my file. Wish to be removed as payer on record.

I filed a claim they rarely gave me any info about the status of claim. They continued with stating they withdrew from being my representative. In addition, they wished to be removed as the payer on file for any fees paid, plus waiving their right to all rights or claims to a fee relative to claim.... View More

James L. Arrasmith
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answered on Jul 19, 2024

When you receive a letter stating that your disability claim file is being closed and your representative wishes to withdraw, it generally means they will no longer manage your case. They will not be responsible for handling any aspects of your claim moving forward. Additionally, they are... View More

3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for Texas on
Q: How do I deposit a refund check from insurance company for a LTD that has been dissolved.

I had a LTD business that is now dissolved. Since its dissolution I received a refund from an insurance company for overpayment of services. I have tried everything to deposit this check. The insurance company will not reissue it and I cannot sign it over to a third party. I am wondering if I can... View More

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

Endorse the check on behalf of the company over to yourself as an individual and deposit it in your individual account.

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1 Answer | Asked in DUI / DWI, Gov & Administrative Law, Employment Law and Admiralty / Maritime for New York on
Q: Appealing Coast Guard decision

Hello, I was taking contaminated gummies and failed pre employment drug test. Please advise, I completed class and evaluation, Coast Guard took my credentials without any notifications.8

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

It might be difficult to get guidance on this here - it's a narrow niche, even within the realm of maritime practitioners - most of whom don't work in this sector. There are some attorneys who handle Coast Guard credentialing and licensing issues involving Administrative Law Judges. You... View More

1 Answer | Asked in Gov & Administrative Law for Arkansas on
Q: My home address is on my id card. Is that considered my legal residency
James L. Arrasmith
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answered on Jul 2, 2024

Your home address on your ID card is not necessarily your legal residence, though it often is. Legal residency typically refers to your primary place of living and can have implications for various legal and administrative matters. Here are some key points:

1. ID card address: This is...
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1 Answer | Asked in Education Law and Gov & Administrative Law for Kentucky on
Q: What laws do I need to make sure I completely understand a Special Education Director? and how to train my SPED teachers

How do I train Special Education teachers in legal issues?

Neubia Harris
Neubia Harris
answered on Jul 2, 2024

You should be able to contact your state's Department of Public Instruction for resources on training K-12 staff on compliance with the Individuals with Disabilities in Education Act, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act and other relevant laws that may be... View More

1 Answer | Asked in Consumer Law and Gov & Administrative Law for California on
Q: I bought a gravity knife and didn’t know it was illegal in California. What should I do it’s shipped already
James L. Arrasmith
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answered on Jul 2, 2024

It's illegal to possess, sell, or import gravity knives in California. Since you've already purchased and had one shipped, you should:

1. Do not open the package when it arrives.

2. Contact the seller immediately to arrange a return.

3. If return is not possible,...
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1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law on
Q: Can police throw a registered moped in the trash

I had a moped scooter parked on a public roadway legally for no less than an hour only for me to return and my vehicle was on a dump trailer as trash under the direction of the police department. They refused to even check the vin number and return my property

James L. Arrasmith
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answered on Jun 29, 2024

If your moped was parked legally and had proper registration, the police should not have disposed of it as trash. It's essential to understand your rights in this situation.

First, gather all relevant information, including photos, any parking signs, and the exact location where you...
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Q: Should I participate in a competency to proceed evaluation with a psychiatrist that is not licensed in my state?

I have waited 113 days for an evaluation to take place and finally a doctor called me to do a video conference to complete the evaluation. I have found that she is a licensed psychiatrist but is not licensed in this state only in two other states does this seem like a legitimate situation? I... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex situation that raises several important legal and procedural concerns. Here's an analysis of the key points:

1. Competency evaluation timing: The 113-day wait for your evaluation is significant. Many jurisdictions have specific timeframes for competency evaluations,...
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1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Legal Malpractice for Illinois on
Q: Does an attorney have to correspond and communicate with a third party non attorney?

If opposing counsel is pro se with a durable power of attorney instrument (which grants specific powers to the agent to explicitly handle, discuss, manage, and correspond on behalf of the principal) is the opposing attorney required to correspond with the POA the same as he would the principal?... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex legal question that touches on several areas of law and professional ethics. Let me break down the key points:

1. Generally, attorneys are not required to communicate with third parties who are not attorneys or their clients. However, there are exceptions.

2. When...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Oklahoma on
Q: Can you get a liquor license in Oklahoma if you have felony convictions not related to alcohol or the sale of alcohol

None were charged as violent simple possession of CDs and exploitation by care taker are the charges from 2009 and 2010 and 2018. All sentences have been completed for all charges no probation nothing left to do on any charges...able has denied my license due to a conviction of a violent felony.... View More

James L. Arrasmith
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answered on Jun 29, 2024

Thank you for providing the details of your situation. In Oklahoma, the ability to obtain a liquor license with a felony conviction depends on several factors:

1. Nature of the offense: Generally, non-violent felonies that are not related to alcohol or the sale of alcohol may not...
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1 Answer | Asked in Elder Law, Civil Litigation, Contracts and Gov & Administrative Law for California on
Q: I signed an agreement with the Masonic Homes at Covina by which they would take care of me until I die. I am 78.

In exchange, they get . 75% of my Social Security income. I developed mental problems in 2023 which were later diagnosed as vascular dementia due to bleeding in my brain. To make a long story shorter, I was plopped in Clearwater at Glendora, where I have lived for slightly over a year. There is... View More

James L. Arrasmith
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answered on Jun 29, 2024

Thank you for sharing your situation. This is a complex legal matter involving elder law, contracts, and medical issues. Here's an overview of the key points and some general guidance:

1. Breaking the covenant:

To break the agreement with Masonic Homes, you'll likely need...
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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Is it Legal in the state of Florida for a 16 year old to open carry a rifle when fishing
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2024

Yes.

Florida Statute 790.25 provides that "(2) ... Notwithstanding ss. 790.01, 790.053, and 790.06, the following persons may own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes if they are not otherwise prohibited from owning or...
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Q: Can Miami dade fire department enforce a law on a bussiness when previous years did not do it without any prior warning?

Hi I own a six 6 bed adult living facility in Miami Florida since 2019.This is a women minority own business. I have been licensed by Agency for Health Care Administration (AHCA ) and every year have been inspected by Miami-Dade Fire Rescue Department. I have been passing all my inspections. This... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2024

Under the facts described, whether you have a valid case depends on the language of any warranty provided to you but probably not.

Contractors are generally required to comply with Code, for example by making sure that the windows comply with size requirements. Suing a contractor,...
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1 Answer | Asked in Car Accidents and Gov & Administrative Law for Mississippi on
Q: I live in the state of Mississippi. Am I allowed to use a median that splits the interstate?

I was already in the left lane traveling south bound when I attempted to use a median to cross over to get back onto the interstate to travel northbound. This is when I got hit.

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2024

A Mississippi attorney could advise best, but your question remains open for two weeks. Something doesn't sound right about what you did. If you drove over a median meant only to separate two lanes of opposing traffic, that may make you liable here. A local attorney could advise more... View More

1 Answer | Asked in Gov & Administrative Law on
Q: Hola. Quiero saber si mi nombre aparece en la lista de los demandados del año 2024 y si es legal.
James L. Arrasmith
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answered on Jun 26, 2024

Yo recomendaria:

1. Contactar directamente con las autoridades judiciales o el juzgado correspondiente en su jurisdicción.

2. Consulte con un abogado que pueda investigar su situación legal específica.

3. Revise los registros públicos de casos judiciales, si están...
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1 Answer | Asked in Civil Rights, Constitutional Law, Military Law and Gov & Administrative Law for Florida on
Q: I am 19 years old and I am in the Florida national guard. Can I buy a handgun

I am a service member under FS 250.01 (19), according to FDACS website I am also allowed “to carry a concealed weapon or concealed firearm if you are 18 years of age or older”. And under FL Statue 790.0655 (2)(d)(9) I am allowed to purchase a rifle or shotgun under 21. My question is am I... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a complex question that involves federal and state laws, as well as specific exemptions for military members. Let's break it down:

1. Federal law: Generally, federal law prohibits licensed firearms dealers (FFLs) from selling handguns to individuals under 21. This applies...
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1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: As of now, all gov't agencies I have tried for help in my illegal Economic sanctions blacklisting since 2001.

I am still homeless, as of March 2023. I only have Social Security income of $1,281.00 monthly and usually broke by the third week of the month. There are many factors and serious issues at play, one of which is my health, and Medi-cal cutbacks after promising paying the emergency room/one-day... View More

James L. Arrasmith
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answered on Jun 26, 2024

I'm sorry to hear about the difficult situation you're facing. It sounds like you're dealing with multiple serious issues including homelessness, limited income, health problems, medical debt, and difficulties accessing government assistance. Here are some suggestions that may be... View More

1 Answer | Asked in Employment Law and Gov & Administrative Law for Georgia on
Q: Can you explain the difference between substantiated, unsubstantiated, and inconclusive?

These terms would be based on investigation dispositions.

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2024

A Georgia employment attorney could advise best, but your question remains open for two weeks. In general, substantiated means supported by facts (evidence in a proceeding). Unsubstantiated means "not supported by facts. Inconclusive means you can't draw any meaningful conclusion from the... View More

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